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HomeMy WebLinkAbout78-039RCS:ms 3/30/78 RESOLUTION NO. 78-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF AN EAST-WEST ALLEY RUNNING FROM TOWNSEND TO RAITT STREETS BETWEEN THIRD AND FOURTH STREETS, APPROVING A MAP THEREOF, DIRECTING THE CLERK OF THE COUNCIL TO FILE SAID MAP, DESCRIBING THE PORTION OF SAID ALLEY TO BE VACATED, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED. BE IT RESOLVED by the City Council of the City of Santa Ana: 1. Pursuant to and in accordance with the provisions of Part 3, Division 9 of the Streets and Highways Code of the State of California, this Council does hereby declare its intention to order the vacation of and to vacate that portion of an east-west alley running from Townsend to Raitt Streets between Third and Fourth Streets, as more particularly described and shown on Exhibit A, attached hereto and incorporated by reference herein. 2. That the City Council finds that the public convenience and necessity require the reservation of easements and rights of way for structures enumerated in Streets and Highways Code ~ 8330. Therefore, the proposed vacation proceedings are taken subject to the following reservations and exceptions: The permanent easement and right at any time, or from time to time, to construct, maintain, operate, replace remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment and fixtures for the operation of telegraphic and telephone lines, and incidental purposes, including access and the right to keep the property free from inflammable materials, and wood growth, and otherwise protect the same from all hazards in, upon and over the street or part thereof proposed to be vacated. 3. That the City Council of the City of Santa Ana does hereby approve said map attached as part of Exhibit A, as the map showing that portion of said east-west alley between Third and Fourth Streets, which this Council declares its intention to vacate. 4. The Clerk of the Council is hereby directed to file said map in her office where the same may be examined by any and all persons desiring to do so. 5. Notice is hereby given that at the hour of 7:50 p.m. or as so on thereafter as the matter can be heard on ~{a¥ 1 , 1978, in the Council Chambers of the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California, a public hearing will be held by this Council at which time any and all persons interested in or objecting to the proposed vacation of the said portion of the east-west alley hereinabove described may appear and be heard. 6. The Clerk of the Council is hereby directed to cause this Resolution to be published at least once in "The Register", a newspaper of general circulation in the City, within fifteen (15) days after the date of adoption of this Resolution and at least ten (10) days before the date set for said hearing. 7. The Director of Public Works is hereby directed to post conspicuously, in the manner prescribed by law, notice of the adoption of this Resolution, containing the statement of the time and place of hearing hereinabove set forth, along the line of the portion of in the City of Santa Ana, County of Orange, California. 8. Pursuant to the provisions of Section 2381 of Chapter 8 of Division 3 of the Streets and Highways Code of the State of California, the City Council does hereby find and determine that none of said streets and alleys, nor parts thereof are useful as bicycle paths or routes. ADOPTED this 3rd day of April , 1978, by the following vote: Yamamoto~ Brandt, Bricken~ AYES: COUNCILMEN: Garthe, Ward NOES: COUNCILMEN: None ATTEST: ABSENT: COUNCILMEN: 0r~y Evans~/~ CLERK OF THE COUNCIL APPROVED AS TO FORM: Legal Description Parcel 1: That certain portton of Block 3 tn the Artesta Street Tract in the City of Santa Ana, County of Orange, State of California, as permep recorded in Book 4, page 30, of Miscellaneous Maps in the office of the County Recorder of said County, described as follows: A strip of land 10 feet in width as shown on satd map, bounded Southerly by the North lines of Lots 1, 3. $. 7, g. II, 13, 15 and 17 in said Block 3; bounded Easterly by the West line of Artesia Street (presently Raitt Street). $0 feet wide; bounded Westerly by the Northerly prolongation of the West line of said Lot 17. Parcel 2: That certain portion of the Parker Tract in the City of Santa Ana, County of Orange. State of California. as per map recorded in Book 4, page 49 of Miscellaneous Maps in the office of the County Recorder of said County. described as follows: A strip of land 10 feet in width as shown on said map. bounded Southerly by the North line of Lots l, ), 5, ?, g and ll; bounded Easterly by the West line of Daisy Street, 50 feet wide; bounded Westerly by the East line of Townsend Street, 20.46 feet wide. RESERVING and EXCEPTING therefrom an easement to construct, place, operate, inspect, maintain, repair, replace and remove such aerial end underground telephone, telegraph and communication structures as the company may from time to time require, consisting of poles, anchors, wires, cables, conduits, manholes, markers and necessary fixtures and appurtenances thereto. ,,J RI RI R2 RI RI RI RI RI ,, J[ m RI MI · fOURTH MI C~) C~ ZONING DISTRICT lie mmmm~. ~ ALLEY ABAND.